An adoption is not required by statute in the State of Georgia. However, Georgia Legislature has mandated that all TPR cases fit into the 'expedited process' of the Georgia Courts.
Below is a discussion of current TPR issues in Georgia statutes.
In a hearing on the termination of parental rights the juvenile court is required to appoint a separate attorney to act as counsel for the child and may choose to appoint a guardian ad litem to represent the best interests of the child. The attorney representing the child and the guardian ad litem may be and often are the same person. O.C.G.A. § 15-11-98(a), URJC, 11.8.
Be aware however, that in these cases, counsel for the child is required, and a law guardian may both roles (GAL and attorney for the child) only in the absence of any present of foreseeable conflict, the wishes of the client should comport fully with your recommendation as to what is in the child's best interest. The issue may be somewhat legally theoretical regarding infants or non-verbal children, they would obviously lack the capacity to communicate their desires to their attorney; given this lack of capacity, it has been suggested that you may ethically serve as the "attorney for the child's interests," thus satisfying the requirements for representation of the child.
Rodatus, Hon. Robert V., Legal, Ethical and Professional Concerns When Representing Children in Abuse Cases in Juvenile Court (ICLE of GA, Juvenile Law Program Materials, 3/29/96) at 16-008 through 16-012. But see ABA Standards, supra at B-3. The failure of a trial court to appoint an attorney to represent the interests of a child in a termination hearings constitutes grounds for a vacation of the judgment and a remand to the juvenile court for a rehearing. In re J.D.H., 188 Ga. App. 466 (1988).
In addition, indigent parents are also guaranteed appointed counsel in proceedings to terminate parental rights. O.C.G.A. § 15-11 -98(b). The Georgia Supreme Court has held that a man claiming to be the putative father to a child born to a married woman is entitled to appointed counsel in a proceeding to terminate parental rights. The putative father of a child born out of wedlock is clearly a party to a termination of parental rights. His failure to perform any parental duties previously does not affect his right to appointed counsel. Wilkins v. Georgia Dept of Human Resources, 255 Ga. 230 (1985).
If after a termination order is entered, the child has no remaining legal parent, the court shall attempt to first place the child with his/her extended family or with a person related to the child by blood or marriage. "An exhaustive and thorough" search for such a family member will have begun at the beginning of any deprivation case by the court and the Department of Human Resources.
A located relative will be required to abide by the terms and conditions of the order of the court. O.C.G.A. § 15-11-103(a)(l). If the court in cooperation with the department cannot find a suitable placement for the child within his/her own family, the court may make any one of the following dispositions:
commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or,
in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child.
O.C.G.A. § 15-11-103(a)(2).
